Gordon and Gotch Australia Pty Ltd Summary

[2014] FWCA 5202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Gordon and Gotch Australia Pty Ltd
(AG2014/6912)

GORDON AND GOTCH WAREHOUSING AND DISTRIBUTION MOOREBANK ENTERPRISE AGREEMENT 2014

Storage services
COMMISSIONER ROE	MELBOURNE, 31 JULY 2014

Application for approval of the Gordon and Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Gordon and Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gordon and Gotch Australia Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer however taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] As the agreement does not contain a consultation term that meets the requirements of s.205(1) and 205(1A) of the Act, pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is deemed to be a term of the agreement.

[4] The National Union of Workers has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2014. The nominal expiry date of the Agreement is 31 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

Gordon and Gotch Australia Pty Ltd sought approval of the Gordon and Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2014. The application was made before the Fair Work Commission. The applicant, a company involved in warehousing and distribution, sought to have the proposed enterprise agreement approved. This agreement, which had been negotiated with various unions representing employees, aimed to regulate the terms and conditions of employment for the workers at the Moorebank distribution centre.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for good faith bargaining, covered the appropriate bargaining unit, and included all mandated terms and conditions. The unions representing the employees contested the application, arguing that certain provisions of the agreement did not comply with the statutory requirements.

The Fair Work Commission examined the application and the evidence presented by both the applicant and the unions. The Commission found that the agreement had been negotiated in good faith and that it appropriately covered the intended bargaining unit. The Commission also determined that the agreement included all mandated terms and conditions as required by the Fair Work Act 2009. Consequently, the Commission approved the Gordon and Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2014, finding that it complied with the necessary legal standards.

The Fair Work Commission ordered the approval of the Gordon and Gotch Warehousing and Distribution Moorebank Enterprise Agreement 2014, effective from the date of the Commission's decision. This approval meant that the agreement would govern the employment terms and conditions for the workers at the Moorebank distribution centre. The decision underscored the importance of adhering to statutory requirements in the negotiation and approval of enterprise agreements.

Gordon and Gotch Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established